[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Proposed Rules]
[Pages 75376-75381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29367]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 1
[MM Docket No. 93-177; FCC 08-228]
An Inquiry Into the Commission's Policies and Rules Regarding AM
Radio Service Directional Antenna Performance Verification
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission requests comment on proposed
new rules to protect AM stations from the potential effects of nearby
tower construction. The Commission seeks comment on new rules that
consolidate disparate rules in separate sections regarding tower
construction near AM stations, and also update these rules by
incorporating computer modeling techniques.
DATES: Submit comments on or before January 12, 2009 and reply comments
on or before February 9, 2009.
ADDRESSES: Secretary, Federal Communications Commission, 445 12th
Street, SW., Washington, DC 20554, http://www.fcc.gov.
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Division, Media
Bureau (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Further Notice of Proposed Rule Making (Second FNPRM) in MM Docket No.
93-177, adopted September 24, 2008, and released September 26, 2008.
The Commission adopted the Second FNPRM in response to comments
received regarding an earlier Further Notice of Proposed Rule Making
(FNPRM) in this proceeding [See 66 FR 20779, April 25, 2001]. The
complete text of this Second FNPRM is available for inspection and
copying during normal business hours in the FCC Reference Center (Room
CY-A257), 445 12th Street, SW., Washington, DC, and may also be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., (800) 378-3160, 445 12th Street, SW., Room CY-402,
Washington, DC 20554. The complete text is also available on the
Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-228A1.pdf.
Synopsis of Second Further Notice of Proposed Rule Making
In AM radio, the tower itself functions as the antenna.
Consequently, a nearby tower may become an unintended part of the AM
antenna system, reradiating the AM signal and distorting the authorized
AM radiation pattern. Thus, our rules contain several sections
concerning tower construction near AM antennas that are intended to
protect AM stations from the effects of such tower construction,
specifically, Sec. Sec. 73.1692, 22.371, and 27.63. These existing
rule sections impose differing requirements on broadcast and wireless
entities, although the issue is the same regardless of the types of
antennas mounted on a tower. Other rule parts, such as Part 90 and Part
24, entirely lack provisions for protecting AM stations from possible
effects of nearby tower construction. An ad hoc coalition of radio
broadcasters, equipment manufacturers, and broadcast consulting
engineers (``the Coalition'') has proposed that the Commission adopt
rules to ``harmonize the disparate treatment'' regarding tower
construction near AM stations, and also to incorporate moment method
techniques in the analysis of the impact of nearby structures on the AM
station.
Existing AM proximity rules governing wireless licensees specify
fixed distances within which tower construction is presumed to affect
the AM station. The Coalition's proposal, in contrast, would specify
critical distances from an AM station in terms of wavelengths at the AM
frequency, albeit limiting the distance to a maximum of three
kilometers, as specified in existing rules for wireless licensees. The
Coalition's proposal designates moment method modeling as the principal
means of determining whether a nearby tower affects an AM pattern. The
proposal would, however, allow traditional partial proof measurements
taken before and after tower construction as an alternative procedure
when the AM station in question was licensed pursuant to field strength
measurements. The Coalition proposes to eliminate short towers from
consideration, with critical tower heights also defined in terms of the
AM wavelength. Existing rules apply to modification of towers, as well
as to new tower construction near AM stations. The Coalition's proposal
would define the types of tower modification that may affect AM
stations, and would exclude many routine cases in which antennas are
added to existing towers.
The Second FNPRM seeks comment on proposed new rules based on those
suggested by the Coalition, and on the types of towers to which the new
rules would apply. Specifically, the Second FNPRM asks whether the new
rules should apply to all towers, including structures that are not
otherwise subject to Commission licensing processes, i.e., with regard
to structures such as towers that do not require registration and which
no Commission licensee or applicant uses or proposes to use. The Second
FNPRM seeks comment on a number of issues that could establish limits
on the scope of the new rules, and the technical and/or policy grounds
for such limits. For example, the Second FNPRM requests comment on the
criteria used for the exclusion of short towers, and on the
incorporation in the new rule of a provision requiring tower proponents
to protect the AM station upon submission of a credible demonstration
that the tower affects the AM pattern.
Paperwork Reduction Act Analysis
This document contained proposed information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act (PRA) of 1995, Public Law 104-13. Public and agency
comments are due February 9, 2009. Comments should address: (a) Whether
the proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated information collection
techniques or other forms of information technology. The information
collection will be submitted to the Office of Management and Budget
(OMB) for review under Section 3507(d) of the PRA. In addition,
pursuant to the Small Business Paperwork Relief Act of 202, Public Law
107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific
comment on how it may ``further reduce the information collection
burden for small business concerns with fewer than 25 employees.''
[[Page 75377]]
OMB Control Number: 3060-XXXX.
Title: Sections 1.30002 and 1.30003, Disturbance of AM Broadcast
Station Antenna Patterns.
Form Number: Not applicable.
Type of Review: New Collection.
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents and Responses: 1,040 respondents; 1,040
responses.
Estimated Time per Response: 1-2 hours.
Frequency of Response: On occasion reporting requirement; third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
Section 154(i) of the Communications Act of 1934, as amended.
Total Annual Burden: 1,670 hours.
Total Annual Cost: $601,800.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: On September 24, 2008, the Commission adopted the
Second Report and Order and Second Further Notice of Proposed
Rulemaking in the matter of An Inquiry into the Commission's Policies
and Rules Regarding AM Radio Service Directional Antenna Performance
Verification, MM Docket No. 93-177, FCC 08-228. The Second Further
Notice of Proposed Rulemaking proposes new rules concerning tower
construction near AM stations.
In AM radio, the tower itself functions as the antenna.
Consequently, a nearby tower may become an unintended part of the AM
antenna system, reradiating the AM signal and distorting the authorized
AM radiation pattern. Thus, our rules contain several sections
concerning tower construction near AM antennas that are intended to
protect AM stations from the effects of such tower construction,
specifically, Sections 73.1692, 22.371, and 27.63. These existing rule
sections impose differing requirements on the broadcast and wireless
entities, although the issue is the same regardless of the types of
antennas mounted on a tower. Other rule parts, such as Part 90 and Part
24, entirely lack provisions for protecting AM stations from possible
effects of nearby tower construction. The proposed new rules would
consolidate existing rules regarding tower construction near AM
stations, and would also incorporate moment method techniques in the
analysis of the impact of nearby structures on the AM station.
The Commission proposes information collection requirements as
follows:
47 CFR 1.30002(a) requires a proponent of construction or
alteration of a tower within a specified distance of a nondirectional
AM station, and also exceeding a specified height, to notify the AM
station at least 30 days in advance of the construction or alteration.
If the tower construction or alteration would distort the AM pattern,
the proponent shall be responsible for the installation and maintenance
of detuning equipment.
47 CFR 1.30002(b) requires a proponent of construction or
alteration of a tower within a specified distance of a directional AM
station, and also exceeding a specified height, to notify the AM
station at least 30 days in advance of the construction or alteration.
If the tower construction or alteration would distort the AM pattern,
the proponent shall be responsible for the installation and maintenance
of detuning equipment.
47 CFR 1.30002(c) states that proponents of tower construction or
alteration near an AM station shall use moment method modeling,
described in Sec. 73.151(c), to determine the effect of the
construction or alteration on an AM radiation pattern.
47 CFR 1.30002(f) states that, with respect to an AM station that
was authorized pursuant to a directional proof of performance based on
field strength measurements, the proponent of the tower construction or
modification may, in lieu of the study described in Sec. 1.30002 (c),
demonstrate through measurements taken before and after construction
that field strength values at the monitoring points do not exceed the
licensed values. In the event that the pre-construction monitoring
point values exceed the licensed values, the proponent may demonstrate
that post-construction monitoring point values do not exceed the pre-
construction values. Alternatively, the AM station may file for
authority to increase the relevant monitoring point value after
performing a partial proof of performance in accordance with Sec.
73.154 to establish that the licensed radiation limit on the applicable
radial is not exceeded.
47 CFR 1.30002(g) states that tower construction or modification
that falls outside the criteria described in paragraphs Sec.
1.30002(a) and (b) is presumed to have no significant effect on an AM
station. In some instances, however, an AM station may be affected by
tower construction notwithstanding the criteria set forth in paragraphs
Sec. 1.30002(a) and (b). In such cases, an AM station may submit a
showing that its operation has been affected by tower construction or
alteration. If necessary, the Commission shall direct the tower
proponent to install and maintain any detuning apparatus necessary to
restore proper operation of the AM antenna.
47 CFR 1.30003(a) states that when antennas are installed on a
nondirectional AM tower the AM station shall determine operating power
by the indirect method (see Sec. 73.51). Upon the completion of the
installation, antenna impedance measurements on the AM antenna shall be
made. If the resistance of the AM antenna changes, an application on
FCC Form 302-AM (including a tower sketch of the installation) shall be
filed with the Commission for the AM station to return to direct power
measurement. The Form 302-AM shall be filed before or simultaneously
with the filing of any license application covering a broadcast station
installation.
47 CFR 1.30003(b) requires that, before antennas are installed on a
tower in a directional AM array, the proponent shall notify the AM
station so that, if necessary, the AM station may determine operating
power by the indirect method (see Sec. 73.51) and request special
temporary authority pursuant to Sec. 73.1635 to operate with
parameters at variance in order to maintain monitoring point field
strengths within authorized limits. For AM stations licensed via field
strength measurements (see Sec. 73.151(a)), a partial proof of
performance (as defined by Sec. 73.154) shall be conducted both prior
to the commencement of construction and upon completion of construction
to establish that the AM array has not been adversely affected. For AM
stations licensed via a moment method proof (see Sec. 73.151(c)), the
proof procedures set forth in Sec. 73.151(c) shall be repeated. The
results of either the partial proof of performance or the moment method
proof shall be filed with the Commission on Form 302-AM before or
simultaneously with any broadcast license application associated with
the installation.
Comments on the PRA information collection requirements contained
herein should be submitted to Cathy Williams, Federal Communications
Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554, or
via the Internet to [email protected] or [email protected], and to
Nicholas A. Fraser, Office of Management and Budget (OMB), Desk Office
via the Internet to [email protected], or via fax at
(202) 395-5167.
[[Page 75378]]
Supplementary Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act, as amended
(``RFA''),\1\ the Commission has prepared this Supplemental Initial
Regulatory Flexibility Analysis (``IRFA'') of the possible significant
economic impact on a substantial number of small entities by the
policies and rules considered in the Second FNPRM. Written public
comments are requested on this Supplemental IRFA. Comments must be
identified as responses to the Supplemental IRFA and must be filed by
the deadline for comments on the Second FNPRM. The Commission will send
a copy of the Second FNPRM, including this Supplemental IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration
(``SBA'').\2\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Pub. L. 104-121, 110 Stat. 857 (1996).
\2\ See 5 U.S.C. 603(a).
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Need For and Objectives of the Proposed Rules
In May 2007, a coalition of broadcasters, consulting engineers, and
equipment manufacturers (``Coalition'') submitted a proposal that the
Commission update and consolidate its disparate rule sections
concerning tower construction near AM stations. The Coalition's
proposed new rules for tower construction near AM stations would also
incorporate moment method modeling techniques similar to those proposed
for AM proofs of performance. The proposed rules regarding tower
construction near AM stations, which would apply to all Commission
licensees who construct towers, would simplify procedures and reduce
costs. The Second FNPRM seeks additional comment on these proposed
rules.
Legal Basis
This Notice is adopted pursuant to Sections 4(i), 303, 612, and 616
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303,
532 and 536.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.\3\ The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental entity''
under Section 3 of the Small Business Act.\4\ In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act.\5\ A small business concern is
one which: (1) Is independently owned and operated; (2) is not dominant
in its field of operation; and (3) satisfies any additional criteria
established by the SBA.\6\
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\3\ 5 U.S.C. 603(b)(3).
\4\ Id. section 601(3) (incorporating by reference the
definition of ``small business concern'' in 15 U.S.C. 632). Pursuant
to the RFA, the statutory definition of a small business applies,
``unless an agency, after consultation with the Office of Advocacy
of the SBA and after opportunity for public comment, establishes one
or more definitions of the term where appropriate to the activities
of the agency and publishes the definition(s) in the Federal
Register.''
\5\ Id.
\6\ 15 U.S.C. 632.
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Nationwide, there are a total of approximately 22.4 million small
businesses, according to SBA data.\7\ A ``small organization'' is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' \8\ Nationwide, as of
2002, there were approximately 1.6 million small organizations.\9\ The
term ``small governmental jurisdiction'' is defined generally as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
\10\ Census Bureau data for 2002 indicate that there were 87,525 local
governmental jurisdictions in the United States.\11\ We estimate that,
of this total, 84,377 entities were ``small governmental
jurisdictions.'' \12\ Thus, we estimate that most governmental
jurisdictions are small.
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\7\ See SBA, Programs and Services, SBA Pamphlet No. CO-0028, at
page 40 (July 2002).
\8\ 5 U.S.C. 601(4).
\9\ Independent Sector, The New Nonprofit Almanac & Desk
Reference (2002).
\10\ 5 U.S.C. 601(5).
\11\ U.S. Census Bureau, Statistical Abstract of the United
States: 2006, Section 8, page 272, Table 415.
\12\ We assume that the villages, school districts, and special
districts are small, and total 48,558. See U.S. Census Bureau,
Statistical Abstract of the United States: 2006, section 8, page
273, Table 417. For 2002, Census Bureau data indicate that the total
number of county, municipal, and township governments nationwide was
38,967, of which 35,819 were small. Id.
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Wireless Telecommunications Carriers (except Satellite). Since
2007, the Census Bureau has placed wireless firms within this new,
broad, economic census category.\13\ Prior to that time, such firms
were within the now-superseded categories of ``Paging'' and ``Cellular
and Other Wireless Telecommunications.'' \14\ Under the present and
prior categories, the SBA has deemed a wireless business to be small if
it has 1,500 or fewer employees.\15\ Because Census Bureau data are not
yet available for the new category, we will estimate small business
prevalence using the prior categories and associated data. For the
category of Paging, data for 2002 show that there were 807 firms that
operated for the entire year.\16\ Of this total, 804 firms had
employment of 999 or fewer employees, and three firms had employment of
1,000 employees or more.\17\ For the category of Cellular and Other
Wireless Telecommunications, data for 2002 show that there were 1,397
firms that operated for the entire year.\18\ Of this total, 1,378 firms
had employment of 999 or fewer employees, and 19 firms had employment
of 1,000 employees or more.\19\ Thus, we estimate that the majority of
wireless firms are small.
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\13\ U.S. Census Bureau, 2007 NAICS Definitions, ``517210
Wireless Telecommunications Categories (Except Satellite)''; http://www.census.gov/naics/2007/def/ND517210.HTM#N517210.
\14\ U.S. Census Bureau, 2002 NAICS Definitions, ``517211
Paging''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM; U.S.
Census Bureau, 2002 NAICS Definitions, ``517212 Cellular and Other
Wireless Telecommunications''; http://www.census.gov/epcd/naics02/def/NDEF517.HTM.
\15\ 13 CFR 121.201, NAICS code 517210 (2007 NAICS). The now-
superseded, pre-2007 CFR citations were 13 CFR 121.201, NAICS codes
517211 and 517212 (referring to the 2002 NAICS).
\16\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization,'' Table 5, NAICS code 517211 (issued Nov. 2005).
\17\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is for firms with ``1000
employees or more.''
\18\ U.S. Census Bureau, 2002 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization,'' Table 5, NAICS code 517212 (issued Nov. 2005).
\19\ Id. The census data do not provide a more precise estimate
of the number of firms that have employment of 1,500 or fewer
employees; the largest category provided is for firms with ``1000
employees or more.''
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Non-Licensee Tower Owners. Many communications towers, while used
to support multiple antennas for Commission licensees in various
services, are owned by entities which are not themselves Commission
licensees. Thus, non-licensee tower owners may be subject to any new or
additional requirements adopted in this proceeding. Communications
towers fall into two categories: Those requiring antenna structure
registration, and those exempt from registration. The Commission's
rules require that any entity proposing to construct an antenna
structure over 200 feet or within the glide slope of an airport must
register the antenna structure with the
[[Page 75379]]
Commission on FCC Form 854.\20\ As of September 3, 2008, there were
97,617 registration records in a `Constructed' status and 13,047
registration records in a `Granted, Not Constructed' status in the
Antenna Structure Registration (ASR) database. This includes both
towers registered to licensees and towers registered to non-licensee
tower owners. The Commission does not keep information from which we
can easily determine how many of these towers are registered to non-
licensees or how many non-licensees have registered towers.\21\
Regarding towers that do not require antenna structure registration, we
do not collect information as to the number of such towers in use and
therefore cannot estimate the number of tower owners who would be
subject to the proposed new rules. Moreover, the SBA has not developed
a size standard for small businesses in the category ``Tower Owners.''
Therefore, we are unable to estimate the number of non-licensee tower
owners that are small entities. We assume, however, that nearly all
non-licensee tower companies are small businesses under the SBA's
definition for cellular and other wireless telecommunications
services.\22\
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\20\ 47 CFR 17.4(a), 17.7(a).
\21\ We note, however, that approximately 13,000 towers are
registered to 10 cellular carriers with 1,000 or more employees.
\22\ 13 CFR 121.201, North American Industry Classification
System (NAICS) code 517212. Under this category, a business is small
if it has 1,500 or fewer employees.
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Radio Broadcasting. The Small Business Administration defines a
radio broadcasting entity that has $6.5 million or less in annual
receipts as a small business.\23\ Business concerns included in this
industry are those ``primarily engaged in broadcasting aural programs
by radio to the public. According to Commission staff review of the BIA
Financial Network, Inc. Media Access Radio Analyzer Database as of May
1, 2008, 13,457 (about 96 percent) of 13,977 radio stations in the
United States have revenues of $6.5 million or less. We note, however,
that in assessing whether a business entity qualifies as small under
the above definition, business control affiliations \24\ must be
included. Our estimate, therefore, likely overstates the number of
small entities that might be affected by any changes to the ownership
rules, because the revenue figures on which this estimate is based do
not include or aggregate revenues from affiliated companies.
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\23\ See NAICS Code 515112.
\24\ ``[Business concerns] are affiliates of each other when one
business concern controls or has the power to control the other or a
third party or parties controls or has the power to control both.''
13 CFR 121.103(a)(1).
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In this context, the application of the statutory definition to
radio stations is of concern. An element of the definition of ``small
business'' is that the entity not be dominant in its field of
operation. We are unable at this time and in this context to define or
quantify the criteria that would establish whether a specific radio
station is dominant in its field of operation. Accordingly, the
foregoing estimate of small businesses to which the rules may apply
does not exclude any radio station from the definition of a small
business on this basis and is therefore over-inclusive to that extent.
An additional element of the definition of ``small business'' is that
the entity must be independently owned and operated. We note that it is
difficult at times to assess these criteria in the context of media
entities, and our estimates of small businesses to which they apply may
be over-inclusive to this extent.
FM Translator Stations and Low Power FM Stations. The proposed rule
could affect licensees of FM translator and booster stations and low
power FM (LPFM) stations, as well as potential licensees in these radio
services. The same SBA definition that applies to radio broadcast
licensees would apply to these stations. The SBA defines a radio
broadcast station as a small business if such station has no more than
$6.5 million in annual receipts.\25\ Currently, there are approximately
5904 licensed FM translator and booster stations and 831 licensed LPFM
stations.\26\ Given the nature of these services, we will presume that
all of these licensees qualify as small entities under the SBA
definition.
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\25\ See 13 CFR 121.201, NAICS Code 515112.
\26\ See News Release, ``Broadcast Station Totals as of December
31, 2007'' (rel. March 18, 2008) (``Broadcast Station Totals'')
(http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280836A1.doc).
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Television Broadcasting. The proposed rule could affect licensees
of full power, low power, and television translator stations, as well
as potential licensees in these services. In this context, the
application of the statutory definition to television stations is of
concern. The Small Business Administration defines a television
broadcasting station that has no more than $13 million in annual
receipts as a small business. Business concerns included in this
industry are those ``primarily engaged in broadcasting images together
with sound.'' \27\ According to Commission staff review of the BIA
Financial Network, Inc. Media Access Pro Television Database as of May
1, 2008, 1,350 (about 77 percent) of the 1,759 full power television
stations in the United States have revenues of $13 million or less.
However, in assessing whether a business entity qualifies as small
under the above definition, business control affiliations \28\ must be
included. Our estimate, therefore, likely overstates the number of
small entities that might be affected by any changes to the attribution
rules, because the revenue figures on which this estimate is based do
not include or aggregate revenues from affiliated companies. Currently,
there are approximately 4,271 licensed TV translator and booster
stations, 556 Class A television stations, and 2,295 licensed LPTV
stations.\29\ Given the nature of these services, we will presume that
all of these licensees qualify as small entities under the SBA
definition.
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\27\ OMB, North American Industry Classification System: United
States, 1997, at 508-09 (1997) (NAICS Code 51320 which was changed
to 51520 in October 2002). This category description continues,
``These establishments also produce or transmit visual programming
to affiliated broadcast television stations, which in turn broadcast
the programs to the public on a predetermined schedule. Programming
may originate in their own studio, from an affiliated network, or
from external sources.'' Separate census categories pertain to
businesses primarily engaged in produced programming. See id. at
502-505, NAICS code 512110. Motion Picture and Video Production;
Code 512120, Motion Picture and Video Distribution, code 512191, 19
FCC Rcd 15238 (2004). Teleproduction and Other Post-Production
Services, and code 512199, Other Motion Picture and Video
Industries.
\28\ ``[Business concerns] are affiliates of each other when one
business concern controls or has the power to control the other or a
third party or parties controls or has the power to control both.''
13 CFR 121.103(a)(1).
\29\ See Broadcast Station Totals.
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An element of the definition of ``small business'' is that the
entity not be dominant in its field of operation. The Commission is
unable at this time and in this context to define or quantify the
criteria that would establish whether a specific television station is
dominant in its market of operation. Accordingly, the foregoing
estimate of small businesses to which the rules may apply does not
exclude any television stations from the definition of a small business
on this basis and is therefore over-inclusive to that extent. An
additional element of the definition of ``small business'' is that the
entity must be independently owned and operated. It is difficult at
times to assess these criteria in the context of media entities, and
our estimates of small businesses to which they apply may be over-
inclusive to this extent.
[[Page 75380]]
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The Second FNPRM seeks comment on proposed rules that, if adopted
and implemented, may affect compliance requirements for small entities.
As noted above, we invite small entities to comment in response to the
proposed rules. Specifically, the Second FNPRM seeks comment on the use
of moment method modeling techniques to assess the effect of nearby
towers on AM radio stations. In AM radio, the tower itself functions as
the antenna. Consequently, a communications tower erected near an AM
station may inadvertently become part of the AM antenna system,
distorting the authorized AM pattern. The Second FNPRM seeks comment on
new rules which would consolidate the disparate rule sections currently
in place, simplify the requirements of existing rules, and extend the
rule to all Commission licensees constructing towers.
Steps Taken To Minimize Significant Economic Impact on Small Entities
and Significant Alternatives Considered:
The RFA requires an agency to describe any significant alternatives
that might minimize any significant economic impact on small entities.
Such alternatives may include the following four alternatives (among
others): (1) The establishment of differing compliance or reporting
requirements or timetables that take into account the resources
available to small entities; (2) the clarification, consolidation, or
simplification of compliance or reporting requirements under the rule
for small entities; (3) the use of performance, rather than design,
standards; and (4) an exemption from coverage of the rule, or any part
thereof, for small entities.\30\
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\30\ 5 U.S.C. 603(c).
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As noted, we are directed under law to describe any such
alternatives we consider, including alternatives not explicitly listed
above.\31\ The Second FNPRM seeks comment on a new method of assessing
the effects of nearby tower construction on AM stations. We tentatively
conclude that adoption of these proposed rules would reduce the
compliance burden on most Commission licensees, and that this reduction
would be particularly beneficial to small entities. We invite
commenters to propose steps that the Commission may take to minimize
any significant economic impact on small entities.
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\31\ 5 U.S.C. 603(b).
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The Commission will send a copy of the Second Report and Order and
Second Further Notice of Proposed Rulemaking, including the
Supplemental IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration. A copy of the Second Report and Order and
Second Further Notice of Proposed Rulemaking, including the FRFA (or
summaries thereof), will also be published in the Federal Register.\32\
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\32\ See 5 U.S.C. 604(b).
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List of Subjects in 47 CFR Part 1
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules Changes
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend part 1 of title 47 of the
Code of Federal Regulations as follows:
PART 1--PRACTICE AND PROCEDURE
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 303(r), and 309.
2. Subpart AA is added to part 1 to read as follows:
Subpart AA--Disturbance of AM Broadcast Station Antenna Patterns
Sec.
1.30000 Purpose.
1.30001 Definitions.
1.30002 Tower construction or modification near AM stations.
1.30003 Installations on an AM antenna.
Sec. 1.30000 Purpose.
This rule part protects the operations of AM broadcast stations
from nearby tower construction which may distort the AM antenna
pattern. All parties proposing to construct or make a significant
modification to an antenna tower or support structure in the immediate
vicinity of an AM antenna, or proposing to install an antenna on an AM
tower, are responsible for measures necessary to correct disturbances
of the AM radiation pattern, if such disturbances occurred as a result
of the tower construction or modification.
Sec. 1.30001 Definitions.
For purposes of this subpart:
(a) Wavelength at the AM frequency. In this subpart, critical
distances from an AM station are described in terms of the AM
wavelength. The AM wavelength, expressed in meters, is computed as
follows:
(300 meters)/(AM frequency in megahertz) = AM wavelength in meters.
For example, at the AM frequency of 1000 kHz, or 1 MHz, the
wavelength is (300/1 MHz) = 300 meters.
(b) Electrical degrees at the AM frequency. This term describes the
height of a proposed tower as a function of the frequency of a nearby
AM station. To compute tower height in electrical degrees, first
determine the AM wavelength in meters as described in paragraph (a) of
this section. Tower height in electrical degrees is computed as
follows:
[(Tower height in meters)/AM wavelength in meters)] x 360 degrees =
Tower height in electrical degrees.
For example, if the AM frequency is 1000 kHz, then the wavelength
is 300 meters, per paragraph (a) of this section. A nearby tower 75
meters tall is therefore [75/300] x 360 = 90 electrical degrees tall at
the AM frequency.
(c) Proponent. The term proponent refers in this section to the
party proposing tower construction or modification.
Sec. 1.30002 Tower construction or modification near AM stations.
(a) Construction near a nondirectional AM station. Proponents of
construction or significant modification of a tower which is within one
wavelength of the AM station, and is taller than 60 electrical degrees
at the AM frequency, must notify the AM station at least 30 days in
advance. The proponent shall examine the potential impact of the
construction or modification as described in paragraph (c) of this
section. If the construction or modification would distort the
radiation pattern by more than 2 dB, the licensee shall be responsible
for the installation and maintenance of any detuning apparatus
necessary to restore proper operation of the nondirectional antenna.
(b) Construction near a directional AM station. Proponents of the
construction or significant modification of a tower which is within the
lesser of 10 wavelengths or 3 kilometers of the AM station, and is
taller than 36 electrical degrees at the AM frequency, must notify the
AM station at least 30 days in advance. The proponent shall examine the
potential impact of the construction or modification as described in
paragraph (c) of this section. If the construction or modification
would result in radiation in excess of the AM station's licensed
standard pattern or augmented standard pattern values, the licensee
shall be
[[Page 75381]]
responsible for the installation and maintenance of any detuning
apparatus necessary to restore proper operation of the directional
antenna.
(c) Proponents of construction or significant modification of a
tower within the distances defined in paragraphs (a) and (b) of this
section of an AM station shall examine the potential effects thereof
using a moment method analysis. The moment method analysis shall
consist of a model of the AM antenna together with the potential
reradiating tower in a lossless environment. The model shall employ a
simplified version of the methodology specified in Sec. 73.151(c) of
this chapter. The AM antenna elements may be modeled as a series of
thin wires driven to produce the required radiation pattern, without
any requirement for measurement of tower impedances.
(d) A significant modification of a tower in the immediate vicinity
of an AM station is defined as follows:
(1) Any change that would alter the structure's physical height by
5 electrical degrees or more at the AM frequency.
(2) The addition of one or more antennas or a transmission line to
a tower that has been detuned or base-insulated.
(e) The addition or modification of an antenna or antenna
supporting structure on a building shall not be considered significant.
(f) With respect to an AM station that was authorized pursuant to a
directional proof of performance based on field strength measurements,
the proponent of the tower construction or modification may, in lieu of
the study described in paragraph (c) of this section, demonstrate
through measurements taken before and after construction that field
strength values at the monitoring points do not exceed the licensed
values. In the event that the pre-construction monitoring point values
exceed the licensed values, the proponent may demonstrate that post-
construction monitoring point values do not exceed the pre-construction
values. Alternatively, the AM station may file for authority to
increase the relevant monitoring point value after performing a partial
proof of performance in accordance with Sec. 73.154 of this chapter to
establish that the licensed radiation limit on the applicable radial is
not exceeded.
(g) Tower construction or modification that falls outside the
criteria described in the preceding paragraphs is presumed to have no
significant effect on an AM station. In some instances, however, an AM
station may be affected by tower construction notwithstanding the
criteria set forth above. In such cases, an AM station may submit a
showing that its operation has been affected by tower construction or
alteration. If necessary, the Commission shall direct the tower
proponent to install and maintain any detuning apparatus necessary to
restore proper operation of the AM antenna.
Sec. 1.30003 Installations on an AM antenna.
(a) Installations on a nondirectional AM tower. When antennas are
installed on a nondirectional AM tower the AM station shall determine
operating power by the indirect method (see Sec. 73.51 of this
chapter). Upon the completion of the installation, antenna impedance
measurements on the AM antenna shall be made. If the resistance of the
AM antenna changes, an application on FCC Form 302-AM (including a
tower sketch of the installation) shall be filed with the Commission
for the AM station to return to direct power measurement. The Form 302-
AM shall be filed before or simultaneously with the filing of any
license application covering a broadcast station installation.
(b) Installations on a directional AM array. Before antennas are
installed on a tower in a directional AM array, the proponent shall
notify the AM station so that, if necessary, the AM station may
determine operating power by the indirect method (see Sec. 73.51 of
this chapter) and request special temporary authority pursuant to Sec.
73.1635 of this chapter to operate with parameters at variance in order
to maintain monitoring point field strengths within authorized limits.
For AM stations licensed via field strength measurements (see Sec.
73.151(a) of this chapter), a partial proof of performance (as defined
by Sec. 73.154 of this chapter) shall be conducted both prior to the
commencement of construction and upon completion of construction to
establish that the AM array has not been adversely affected. For AM
stations licensed via a moment method proof (see Sec. 73.151(c) of
this chapter), the proof procedures set forth in Sec. 73.151(c) of
this chapter shall be repeated. The results of either the partial proof
of performance or the moment method proof shall be filed with the
Commission on Form 302-AM before or simultaneously with any broadcast
license application associated with the installation.
[FR Doc. E8-29367 Filed 12-10-08; 8:45 am]
BILLING CODE 6712-01-P